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(영문) 수원지방법원 2019.06.14 2019노1435
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not photograph the victim’s body by mistake of facts or misapprehension of legal principles.

The defendant sees the appearance of confirming text messages, etc. due to the high range of mobile phones, and the victim misunderstandings.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended sentence, and forty hours of an order to attend a sexual assault treatment lecture) is too unreasonable.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts or misapprehension of legal principles, the Defendant’s assertion on this part is without merit, since the Defendant could have taken the victim’s body against his will that may cause sexual humiliation or shame.

In an investigation agency and a court of original instance, the victim took a cell phone in mind that he would have been able to make a report or photograph the Defendant’s behavior before, but he was able to do so. However, the victim took a cell phone in the following manner: “I would like to make a report upon deletion. I would not make a report upon deletion. I would like to make a report upon deletion.” The Defendant made a consistent statement with the purport that he made a consistent statement to the effect that “I would like to make a report on the cell phone itself, I would like to have taken a cell phone. I would like to make a consistent statement to the effect that I would like to make the Defendant’s initial report on the cell phone. I would like to make a consistent statement to the effect that “I would like to make a report on the cell phone in the state where I would have different face.”

The internal structure and size of the hotel room, which is a place of crime under objective circumstances, shall be photographed and taken.

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